Common Courtroom Terms

The accused, after being found guilty, is discharged without a record of conviction

Accused

The person charged with a crime

Acquittal

A court finding of not guilty

Adjournment

A temporary delay of court proceedings

Affirmation

A non-religious oath given by a witness before testifying, promising that the evidence they offer is to the best of their knowledge, the truth

Appeal

An application for a judicial review by a higher court of a lower court's decision

Appearance Notice

An order that tells the accused to go to court at a specified time to answer charges that have been laid

Bail

Financial or other security put up by the accused or by someone on the accused's behalf as an assurance that the accused will appear in court on the date of trial

Beyond a Reasonable Doubt

In criminal cases the Crown has to meet a standard of proof beyond a reasonable doubt. The Crown must show that the evidence is so complete and convincing that the judge/jury has not reasonable doubts about the accused's guilt

Complainant

The victim of an alleged crime

Conditional Discharge

Occurs when the accused, after being found guilty, is discharged under certain conditions ordered by the judge. If the accused complies with the conditions, he or she will not have a criminal record

Conditional Sentence

A sentence that is served by the offender in the community. The offender would remain in the community under supervision and would be required to abide by a number of conditions

Contempt of Court

Interfering with the administration of justice or ignoring the rules of the court

Corroboration

Evidence that supports or confirms other evidence of testimony

Cross Examination

Both the Crown and the Defense counsel have the right to question (cross examine) a witness by the other side

Crown Prosecutor

A government appointed agent who prosecutes criminal offences on behalf of the Attorney General of Canada. The Crown presents all relevant evidence to the judge or jury that sheds light upon the offence of which the accused is charged

Court of Queen's Bench

Try the most serious criminal and civil cases including cases involving large amounts of money and Family Law including divorce, custody and property settlements

Docket Court

Provincial court of first appearance in which trial dates are set or guilty pleas entered

Election

The procedure by which an accused chooses to be tried by Queen's Bench Judge and Jury, Queen's Bench Judge alone, or by a Provincial Judge

Election by the Crown

Procedure under which the Crown decides whether to prosecute a case as a summary conviction offence (less serious penalty) or as an indictable offence (more serious)

Indictable Offence

A category of criminal offences that are usually more serious crimes and carry greater maximum sentences. (i.e. Sex assault). It may carry a penalty ranging from a fine to life imprisonment

Intermittent Sentence

A prison term of 90 days or less given to a person convicted of an offence. The time is usually served on a weekend in most cases which allows the convicted person to continue with his employment

Judicial Interim Release

"JIR" A Court order granted by a judge or Justice Of The Peace releasing the accused from custody on his/her own bond or promise to appear

Legal Aid

Legal services for those who cannot afford to hire counsel and offers different kinds of help depending on your legal problem and where you live in Canada

No Contact Order

A court order preventing the accused from seeing or speaking to someone

Parole

The early release of an offender from incarceration in which he/she serves the remainder of his/her sentence in the community under supervision and specific conditions

Perjury

When a person gives evidence in court that he/she knows is false. Anyone who commits perjury is guilty of an indictable offence and may be liable to imprisonment for a term not longer than 14 years

Plea Bargaining

Process of the Crown accepting a guilty plea on a lesser charge instead of incurring the expense and problems of a trial on the original charge

Preliminary Hearing

"Pre Lim", Court session held before the trial so that the judge may determine if there is sufficient evidence to justify holding a trial

Pre-Sentence Report

A description of the accused's family life and personal situation, prepared by a Probation Office, which the judge uses to help in deciding an appropriate sentence

Probation

Court order which releases a convicted person under supervision and with direction to obey certain conditions

Recognizance

An accused is released on his or her own recognizance when the Judge or Justice of the Peace gives permission for the accused to be released on bail, subject to the conditions specified on the appropriate form

Remand

To send or order back to prison

Reserve Judgment

A judge hearing a case may decide to take some time to do research, study the law or review the evidence presented at the trial before making a decision

Restitution

An act of repaying or compensating for loss, damage, or injury

Show Case Hearing

A Hearing where the Crown Attorney must convince the court that the accused should be kept in jail until the trial

Statutory Release

A form or conditional release that allows most federal offenders to serve the last third of his/her sentence in the community

Stay of Proceedings

A suspension of court proceedings on a particular charge but that can come back within a year

Subpoena

An order directing a person to appear in court as a witness

Summary Conviction Offence

A category of criminal offences that are usually less serious crimes and carry lower sentences

Summons

Legal document ordering the appearance in court of an accused person

Surety

Person who agrees to be responsible for the accused's appearance in court

Suspended Sentence

Judge's order that the sentence given a guilty person need not be imposed, provided that the accused meets certain conditions set by the court. If the accused does not meet the conditions, the Judge can pass sentence on the original charge. A new charge may be laid for breaking the suspended sentence

Temporary Absence

An escorted or unescorted temporary absence from prison in order to receive medical attention, have contact with family, undergo personal development and/or counselling, participate in community service projects or can be granted on compassionate grounds such as a funeral

Testimony

Any evidence given

Verdict

A jury's finding in a case. It must be unanimous

Victim Impact Statement

A written account of the personal harm suffered by a victim of crime. It may include a description of the physical, financial and emotional effects of the crime. It must be taken into consideration by the judge

Voir Dire

Trial within a trial to determine the admissibility of certain evidence

Warrant

Court order giving legal authority to arrest a person

Withdrawal

When charges against the accused are withdrawn, no further action will be taken against the accused on that particular charge

Young Offender

Those aged 12 to seventeen are considered youths under Canadian Criminal Law and fall within the scope of the Young Offenders Act

Disclaimer: The information provided on these pages is intended for general information purposes only